“The ABC has three distinct benefits for me and my firm. First, the presentations are informative and address issues relevant to my practice, be it marketing techniques or improving my online presence. Second, I have received referrals from fellow members within my...Read More
-- Robert T. Kiyosaki
The Attorney Breakfast Club has the following seats available. For more information or to reserve your seat, please contact Melramirez@attorneybreakfastclub.com
To reserve your seat, or to learn more, please contact Dina@abcfornetworking.com.Read More
You decide to sell some of your spare equipment. Because the buyer can’t afford to pay the full purchase price in a lump sum, you agree to accept a promissory note calling for monthly payments over a couple of years. You even go so far as to have your construction lawyer record a security interest in the equipment you’re selling. Unfortunately, the buyer defaults after a year and abandons the equipment. You manage to get it back but the equipment is now one year older, not worth what it was when you originally sold it, and still has the bulk of the purchase price unpaid. So you opt to sell it again in hopes of recovering some of what you’re still owed. What do you need to do to sell your repossessed equipment?
The Right Way To Sell
A recent case has made clear that selling repossessed equipment absolutely requires that the sale be conducted consistent with industry standards. That involves making sure the method, time, place and other terms of sale are properly noticed and are commercially reasonable. This is necessary as the law seeks to prevent a creditor from unfairly underestimating the value of its repossessed equipment or from reacquiring its collateral at less than the equipment’s true current worth.
Notice Always Needed
Once someone questions the reasonableness of the sale, the burden will be on you to establish that disposition was fair and according to the law. The court in the case we mentioned went on to state “the importance of correct notice cannot be overstated.” Indeed, the failure to properly notice the defaulting buyer, the very person who caused the sale of the collateral in the first place, will call into question all other aspects of what may have been a perfectly reasonable sale and require you to do it all over again.Read More
You had to know it would only be a matter of time before we would see drones flying over construction sites. After all, drones have quickly transitioned from being play things for the well-heeled to professional aircraft used by industry professionals. Now providing a cost effective and quick way to acquire needed information, drones in construction can efficiently monitor, survey, map and inspect small and large sites in a fraction of the time it would generally take to do the same thing through more traditional methods.
Referred to as UAVs – unmanned aerial vehicles – drones are beginning to become fixtures in the construction industry as more and more companies begin to incorporate their use in daily operations. And while the FAA maintains that use of UAVs is unauthorized unless limited to recreational or hobby purposes, drone sales have shot up 25% in the last year, with all manner of people buying and flying them.
Risks of Flying Drones
Of course, using them, especially at crowded construction sites, comes with a significant risk of liability. We’ve all seen those news reports of drones crashing into and injuring people and property alike.
WPLG Local 10 News, 2/22/2015
A contractor’s standard commercial general liability (CGL) policy will likely not provide coverage as drones are usually classified as excluded aircraft. If that’s the case, you can obtain a rider cancelling out the exclusion. You can purchase a separate policy but that may be cost prohibitive. Or you can engage a separate company which is licensed and insured as a drone operator.
Using drones in construction comes with serious risks so contractors would do well to first investigate coverage alternatives before taking off with this new idea.Read More
We can all see the signs of a healthier construction economy – more concrete trucks on the road, more houses being remodeled, and more customers at neighborhood Home Depots. But with this surge in construction comes the inevitable appearance of unlicensed contractors. These unscrupulous tradesmen pose as licensed contractors, ready to work at reduced prices. Don’t be fooled by their smooth talk. Do your homework and check to see if the contractor you’re prepared to hire is not only insured but actually licensed to work. Not doing so exposes you to the potential of shoddy if not unfinished work, and little recourse without having to get your construction lawyer involved.
The helpful infographic below points out the active role taken by Florida’s Department of Business and Professional Regulation to address this problem.
Do you know who has to be licensed?Read More
We’ve often written about it – how do you lien a job with multiple direct contracts? Do you file a blanket lien incorporating all the improvements arising out of these several contracts? After all, they’re all related to the same property. How many liens do you need?
Here’s What You Have To Do
You must file a separate lien for each direct contract. Take a shortcut and file only one lien to address various direct contracts on the same property and you could well lose your lien rights. We should know. We recently argued such a case on behalf of our condominium association client and won.
“In a cautionary tale for contractors to dot their i’s and cross all their t’s, a Miami-Dade Circuit Judge has thrown out a lien due to what’s essentially a rookie mistake. The judge delivered a blow to an engineering firm suing a Miami Beach Condominium association for non-payment.”
Don’t Make This Mistake
The judge vacated the lien that had been filed against our client because it failed to comply with applicable Florida law. The engineer had entered into 9 separate contracts for concrete and stucco work, replacement windows, sliding glass doors, cabanas and a new entrance. It then added all the monies still owed under the 9 contracts into one lien, something the law does not allow. Clearly, the consequences for any contractor, or in this case, an engineer, relying on what ended up being a faulty filing to secure payment can be costly. Liens can be filed only within 90 days of work being performed and once those 90 days expire, there’s no fixing the error of having filed just one lien to cover multiple contracts. Don’t make this mistake. Make sure your critical liens are reviewed by a construction lawyer, especially if you’re not totally familiar with the lien law which unfortunately is very unforgiving.Read More
A little competition never hurt anyone. At least, that’s how this group saw it. Our own Alex Barthet along with Sunray Construction Solutions’ Ariela Wagner as well as Warren and Jill Alter, David Satine and Johnathan Bursevich from Alter Surety Group were the team to beat at the Construction Association of South Florida’s Bowling Challenge. Thirty eight teams got together for this amazing networking event that awarded trophies for those teams that placed between first and third, and provided other great prizes for a raffle that benefited The Leukemia and Lymphoma Society. And no, our team didn’t place (this time) but boy, did they have fun trying!Read More